REMINGTON LODGING & HOSPITALITY, LLC, ETC., PETITIONER,
v.
SOUTHERNMOST HOUSE, LTD., ETC., RESPONDENT
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Remington Lodging sought a protective order to prevent depositions of its CEO and president in a hotel management dispute, arguing they lacked knowledge of day-to-day operations. The court denied the petition for certiorari, finding that the officers' admitted meetings and discussions about hotel management made the depositions reasonably calculated to lead to discoverable evidence.
The trial court did not depart from the essential requirements of law in denying the Motion for Protective Order. Where the officers admitted in their affidavits to meeting with the owner and discussing management of the hotel with lower-level employees, the depositions were reasonably calculated to lead to discovery of admissible evidence.
[1] Trial courts have broad discretion in overseeing discovery matters and in granting and denying motions for protective orders.
[2] Discovery rules allow parties to discover any matter not privileged and relevant to the subject matter of the action, or which appears reasonably calculated to lead to th…
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Join FLexlaw to unlock all legal intelligence“trial courts have broad discretion in overseeing discovery matters and in granting and denying motions for protective order”
Establishes the legal standard of review for protective order denials on certiorari review
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Join FLexlaw to unlock all legal intelligenceRemington entered into a 2009 Management Agreement with Southernmost House, Ltd. to manage a hotel in Key West. In 2015, Southernmost sued alleging mu…
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Remington Lodging & Hospitality, LLC (“Remington”) petitions this court for a writ of certiorari to quash the trial court’s order denying Remington’s Motion for Protective Order. Remington’s motion sought to preclude the depositions of Remington’s chief executive officer and its president. We deny the petition as we find that the trial court did not depart from the essential requirements of law in denying the Motion for Protective Order;
The action below arises out of a 2009 Management Agreement between Remington and Southernmost House, Ltd. (“Southernmost”) pursuant to which Remington was to manage the Southernmost House hotel in Key West. In 2015 Southernmost filed the present lawsuit alleging numerous defaults under the Management Agreement and seeking to terminate the Agreement. Remington denies that any defaults have occurred.
After Southernmost noticed the depositions of the CEO and president, Remington filed its Motion for Protective Order arguing that Remington, which is based in Dallas, manages over 94 hotels in 28 States and employs over 8,000 people and that neither officer has any knowledge of the day-to-day operations of the Southernmost House and that, as a result, the depositions would be pointless. Remington also claimed that the depositions were set solely to harass the officers and Remington. The CEO and president also submitted supporting affidavits confirming that they have nothing to do with the day-to-day operation of Southernmost House and have no knowledge of the allegation of the Complaint. .
At the hearing on the Motion for Protective Order, Remington argued that lower-level management personnel dealt with the day-to-day operation of Southernmost House and that those employees should, at least, be deposed first.1 However, the affi*766davits provided in support of the motion also state that Remington’s CEO and president both met with Southernmost’s owner on at least one occasion and discussed the management of the Southernmost House with lower-level executives in at least a limited way.
Applicable rules and case law make clear that trial courts have broad discretion in overseeing discovery matters and in granting and denying motions for protective order. Fla. R. Civ. P. 1.280; Rojas v. Ryder Truck Rental, Inc., 625 So.2d 106, 107 (Fla. 3d DCA 1993). Florida Rule of Civil Procedure 1.280 allows a party to discover any matter that is not privileged and is relevant to the subject matter of the action or which appears reasonably calculated to lead to discovery of admissible evidence. Where Remington’s officers admitted in their affidavits to meeting with Southernmost’s president and to discussing the management of the hotel with lower-level employees, we conclude that the depositions could be said to be reasonably calculated to lead to the discovery of admissible evidence. General Star Indem. Co. v. Atl. Hospitality of Fla., LLC, 57 So.3d 238 (Fla. 3d DCA 2011). Thus, based on the pleadings and the evidence presented, we find the trial court did not depart from the essential requirements of law in denying the Motion for Protective Order.
For the reasons stated above, we deny the Petition for Writ of Certiorari.
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- Gen. Star Indem. Co. v. Atl. Hospitality OF Fla., LLC., 57 So. 3d 238 (Fla. 3d DCA 2011)
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